Appeal No. 1998-0659
Application No. 08/264,527
The only structure disclosed for implementing the 35
aforesaid function of the "means” is the noise signal
generator.
The means-plus-function clause is construed as limited to
the corresponding structure disclosed in the specification and
equivalents thereof. This structure is met by the circuit of
figure 1, and the modulation recited at sections 7.1 and 8 of
Matsushima. Pennwalt Corp. v. Durand-Wayland, Inc., 833 F.2d
931, 4 USPQ2d 1737 (Fed. Cir. 1987), cert. denied, 484 U.S.
961 (1988). As Appellants' embodiment and Matsushima apply a
modulating signal in an auditory frequency range upon a
carrier signal in the ultrasonic frequency range, they perform
the same function. As Appellants have not disclosed any
particular circuitry for the masking signal generator, and
show only a "black box," the generators are equivalent. They
perform the same claimed function in substantially the same
way to achieve substantially the same result.36
35 Specification, page 3, lines 1-11, and item 10 of
figures 1 and 2.
36 Dawn Equipment Co.v. Kentucky Farms, Inc., 140 F.3d
1009, 1019-20, 46 USPQ2d 1109, 1116 (Fed. Cir. 1998).
30
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